Consumer rights regarding refunds?

Lighters

Lighters

Lighters

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Do I have a leg to stand on in the following situation.

Purchased iphone on 10/11/2011
Shipped on 17/11/2011

Started using my iphone around 28th Nov as I had to get a micro sim.

I discovered the problem just before Christmas but being busy and holidays I didnt / was unable to notify apple about the problems within their "14 days" refund policy on their terms and conditions at http://storeimages.apple.com/1501/s...uk/Images/salespolicies_consumer.html#topic-7

I had many problems with customer service etc but finally got a replacement sent out despite asking for a refund instead as I was persuaded I couldnt get one.

After getting the replacement phone this one is also defected as the camera doesn't work.

However the adviser said he was unable to get a refund processed with apples "after sales" as 14 days had already surpassed so he tried another department and he had the same problems with them. This gets me really angry as I have paid just under £700 for a product that is defected which they have recognised as faulty and they are unwilling to offer me a refund despite selling me a "faulty product" in the first place.

I don't really want a replacement after their terrible service and poor build quality but do I have a leg to stand on to claim a refund? I have all the receipts etc as I purchased it online from the UK Apple store.

All information / advice appreciated
 
Ignore their 14 days policy - it doesn't override your statutory rights.

Apple have form in area.
http://www.theregister.co.uk/2011/12/29/apple_italian_fine/

Some good information here :

http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/index.htm

Refunds and faulty goods

A trader will usually offer you a refund for a faulty item if you:
  • have proof of purchase, eg a receipt
  • haven’t had a chance to use the item or have only used the item a few times
If you’ve had or used the item for a longer period of time, by law you have ‘accepted’ the goods. You won’t be entitled to a refund, but the trader should offer to repair or replace the item.
A repair must fix the original fault (eg a broken zip). If it doesn’t, you can then ask for either a refund or replacement.
You may need to get legal advice about whether you have accepted the goods.
For example, you probably wouldn’t have the right to a refund if you used a lawnmower for months and the blade broke. But if you bought the lawnmower in the winter and couldn’t use it until the spring, you may have the right to a refund.
Each situation will be different, so it’s best to speak to the trader as soon as you discover the fault.
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mattyfez said:
Return it under the sale of goods act, the item is faulty, simple as that - it doesnt matter what thier returns policy is.
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It comes down to whether he has accepted the item or not which is not cut and dry. If the OP was unable to use the phone until he had a microsim on the 28th of November and notified Apple shortly afterwards then they should have given him a refund if he asked for it. If the OP is only now asking for a refund I don't think there is any obligation on Apple to do anything other than repair or replace.
 
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spudbynight said:
It comes down to whether he has accepted the item or not which is not cut and dry.
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Not really, its faulty goods.

"the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.

Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date."
 
mattyfez said:
Not really, its faulty goods.

"the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.

Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date."
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Accepting goods removes you entitlement to a refund, not a repair or replacement. Nothing that you have quoted disagrees with my advice on this.
 
Thanks for the clear and concise information, sadly what "spudbynight" posted seems to be the case.

Its going to be such a hassle as I actually havent used the phone very much at all. I didnt have time to get around to purchasing phone insurance so had been very careful with the phone so it had barely been out the house so the condition as pristine and had only been outside in my car pretty much and the use was limited to installing all the apps possible.

I had it replaced as it had a very loud rattle but this was such a hassle and pain just to do this as I went to the store and they refused and then after making a video and having them inspect it themselves they admitted that it was a fault.

I then go to Belgium after getting the replacement for my uncles 50th and the camera stops working half way through which was really disheartening as most of them dont have very good cameras/technology anyway lol.

It really sucks as I really havent had much use out of it but I paid £700 for something and its not even up to a satisfactory standard, even when being persuaded into a replacement. The senior advisor did mention something about a good will when processing my first return but after leaving them a voice mail today they havent gotten back and I am no longer interested in any type of good will gesture as their service and build quality has been poor

Edit - paid using visa debit card
 
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mattyfez said:
Not really, its faulty goods.

"the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement. After this time, you may have to prove the fault was not due to misuse, although shops must also recognise issues of durability – i.e how long an item would be expected to last before developing problems.

Just because you sign a delivery / satisfaction note, or agree to a manufacturer’s repair, it does not mean you have accepted the goods, and are waiving your right to return them at a later date."
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he's not arguing that op can't return it under soga. He's saying you cant return it under soga and demand a refund.
 
spudbynight said:
From the sound of it you are really just looking at a replacement.
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Yeh, you are intitled to a refund or replacement, at thier discression, which normaly means replacement. Must have been the way I read to OP - he didnt specify that he had been offered a replacement, just that he didnt want one.
 
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You can't get a refund, your excuse is invalid too, "being busy" too busy for a faulty 700 quid refund?

Usually most retailers give 28 days for a faulty return, after than its just repair or replacement, Apple only give 14 days but thats just tough ****.
 
I wasnt entirely sure if I could claim it as a fault as it was a rattle but I could only hear it when putting it down on something such as a mousepad which was rare as I wasnt using it much. Then after constantly putting my phone down I realised how loud it was and asked my friends if their phones did it too, I even made a thread on here a while later. (This was my first smart phone/big purchase tbh)

being busy as in its Christmas time and opening times are different and other commitments about being around family. I did actually go into store but then was told I had to make a genius appointment which took a few days only to be told no to the original repacement request.

(I even tried it online but it wasnt letting me process the appointment when trying to select the dates after selecting iphone)


Finished reading http://www.which.co.uk/consumer-righ...d-debit-cards/ (120 days according to visa so I wonder if I can request a charge back?

When can chargeback be used?
Like section 75, chargeback can be used in cases of goods not arriving, arriving damaged, arriving not as described, or where the merchant has ceased trading; but it does not create joint liability on the card company in the way that Section 75 does.
You can ask your card provider to try to recover the money you paid or part of it (if for example you ordered two items but only one arrived), you couldn't though claim back the cost of fixing a faulty item.
Claims must be addressed to the bank that provides your debit card or your credit card, which in turn will put in a request to the merchant's bank. As a result, you could still get your money back from the merchant's bank if the money is there to be recovered. However, there are no guarantees that your bank will be able to recover the money through chargeback.
Conditions and requirements of chargeback
The main requirement for compensation is evidence that there has been a breach of contract.
There is also a time limit on claims - Visa, for example, sets a 120 day time limit which starts from the day you are aware of a problem. In the case of tangible goods that you've purchased from a shop or online it would therefore be from the day you receive the items.
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It rattles (Very Slightly) because of the auto focus lens inside the camera, well known fact. The camera on it is exceptional for a pone so the rattle is hardly a high price to pay.

Apple have great CS compared to most places but unless theres actual a fault why would they replace it.
 
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